Moore v. Atchison, T. & S. F. Ry. Co
Supreme Court of Oklahoma
Error from District Court, Noble County; B. F. Hainer, Judge. Action by Samuel H. Moore against the Atchison, Topeka & Santa Fe Eailway Company. From a judgment in his favor plaintiff brings error. On rights of trespassers on trains: 7 Thomp. Neg., secs. 3304, 3308, 3316; Railroad Go. v. Daugherty, 53 Ill. App. 282; Railroad Go. v. Fant-zinger (Tex.) 49 S. W. 6'77; 6 Thomp. Neg., secs. 3172, 3177, 3178; Garter v. Ry. Go., 49 Am.
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Error from District Court, Noble County; B. F. Hainer, Judge. Action by Samuel H. Moore against the Atchison, Topeka & Santa Fe Eailway Company. From a judgment in his favor plaintiff brings error. On rights of trespassers on trains: 7 Thomp. Neg., secs. 3304, 3308, 3316; Railroad Go. v. Daugherty, 53 Ill. App. 282; Railroad Go. v. Fant-zinger (Tex.) 49 S. W. 6'77; 6 Thomp. Neg., secs. 3172, 3177, 3178; Garter v. Ry. Go., 49 Am. Rep. 780; Railroad Go. v. West, (Ky.) 60 S. W. 290. Liability of master for torts of servant: Railway Go. v. Kirk (Ind.) 1 N. E. 849; Railroad Go. v. Conway, 5 Pac.…
1Opinion of the CourtWilliams, J.
The following, questions on this record are essential for determination:(1) Did the court err in excluding what was said by -other parties to the conductor after the controversy arose, but before the final ejection from the car, between him and the plaintiff in error as to his having bought a ticket?
(2') Did the court err in instructing the jury that the plaintiff in error was not entitled to recover punitive or exemplary damages, sometimes called “smart money”?(3) Did the court err in giving instruction No. 8, in part as follows:
“Likewise, if he attempted to board the train on the rear end…
2Cases cited27 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
22 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- McCants v. ThompsonSupreme Court of Oklahoma · 1911
- Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1911
- Fidelity Deposit Co. of Maryland v. RankinSupreme Court of Oklahoma · 1912
15 more not listed; retrieve them via the Exa API.